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Paul Merrell

What's Scarier: Terrorism, or Governments Blocking Websites in its Name? - The Intercept - 0 views

  • Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:
  • In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”
  • If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.
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  • Beyond the technical issues, trying to legislate ideas out of existence is a fool’s game: those sufficiently determined will always find ways to make themselves heard. Indeed, as U.S. pop star Barbra Streisand famously learned, attempts to suppress ideas usually result in the greatest publicity possible for their advocates and/or elevate them by turning fringe ideas into martyrs for free speech (I have zero doubt that all five of the targeted sites enjoyed among their highest traffic dates ever today as a result of the French targeting). But the comical futility of these efforts is exceeded by their profound dangers. Who wants governments to be able to unilaterally block websites? Isn’t the exercise of this website-blocking power what has long been cited as reasons we should regard the Bad Countries — such as China and Iran — as tyrannies (which also usually cite “counterterrorism” to justify their censorship efforts)?
  • s those and countless other examples prove, the concepts of “extremism” and “radicalizing” (like “terrorism” itself) are incredibly vague and elastic, and in the hands of those who wield power, almost always expand far beyond what you think it should mean (plotting to blow up innocent people) to mean: anyone who disseminates ideas that are threatening to the exercise of our power. That’s why powers justified in the name of combating “radicalism” or “extremism” are invariably — not often or usually, but invariably — applied to activists, dissidents, protesters and those who challenge prevailing orthodoxies and power centers. My arguments for distrusting governments to exercise powers of censorship are set forth here (in the context of a prior attempt by a different French minister to control the content of Twitter). In sum, far more damage has been inflicted historically by efforts to censor and criminalize political ideas than by the kind of “terrorism” these governments are invoking to justify these censorship powers. And whatever else may be true, few things are more inimical to, or threatening of, Internet freedom than allowing functionaries inside governments to unilaterally block websites from functioning on the ground that the ideas those sites advocate are objectionable or “dangerous.” That’s every bit as true when the censors are in Paris, London, and Ottawa, and Washington as when they are in Tehran, Moscow or Beijing.
Paul Merrell

EFF to Court: Don't Undermine Legal Protections for Online Platforms that Enable Free S... - 0 views

  • EFF filed a brief in federal court arguing that a lower court’s ruling jeopardizes the online platforms that make the Internet a robust platform for users’ free speech. The brief, filed in the U.S. Court of Appeals for the Ninth Circuit, argues that 47 U.S.C. § 230, enacted as part of the Communications Decency Act (known simply as “Section 230”) broadly protects online platforms, including review websites, when they aggregate or otherwise edit users’ posts. Generally, Section 230 provides legal immunity for online intermediaries that host or republish speech by protecting them against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. Section 230’s immunity directly led to the development of the platforms everyone uses today, allowing people to upload videos to their favorite platforms such as YouTube, as well as leave reviews on Amazon or Yelp. It also incentivizes the creation of new platforms that can host users’ content, leading to more innovation that enables the robust free speech found online. The lower court’s decision in Consumer Cellular v. ConsumerAffairs.com, however, threatens to undermine the broad protections of Section 230, EFF’s brief argues.
  • In the case, Consumer Cellular alleged, among other things, that ConsumerAffairs.com should be held liable for aggregating negative reviews about its business into a star rating. It also alleged that ConsumerAffairs.com edited or otherwise deleted certain reviews of Consumer Cellular in bad faith. Courts and the text of Section 230, however, plainly allow platforms to edit or aggregate user-generated content into summaries or star ratings without incurring legal liability, EFF’s brief argues. It goes on: “And any function protected by Section 230 remains so regardless of the publisher’s intent.” By allowing Consumer Cellular’s claims against ConsumerAffairs.com to proceed, the lower court seriously undercut Section 230’s legal immunity for online platforms. If the decision is allowed to stand, EFF’s brief argues, then platforms may take steps to further censor or otherwise restrict user content out of fear of being held liable. That outcome, EFF warns, could seriously diminish the Internet’s ability to serve as a diverse forum for free speech. The Internet it is constructed of and depends upon intermediaries. The many varied online intermediary platforms, including Twitter, Reddit, YouTube, and Instagram, all give a single person, with minimal resources, almost anywhere in the world the ability to communicate with the rest of the world. Without intermediaries, that speaker would need technical skill and money that most people lack to disseminate their message. If our legal system fails to robustly protect intermediaries, it fails to protect free speech online.
Gonzalo San Gil, PhD.

The Connection Between The Copyright Industry And The NSA | TorrentFreak - 1 views

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    " Rick Falkvinge on May 18, 2014 C: 21 Opinion There is a direct connection between copyright monopoly enforcement and mass surveillance, and between mass surveillance and lack of free speech. If you want to keep free speech, the copyright monopoly must be reduced sharply."
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    " Rick Falkvinge on May 18, 2014 C: 21 Opinion There is a direct connection between copyright monopoly enforcement and mass surveillance, and between mass surveillance and lack of free speech. If you want to keep free speech, the copyright monopoly must be reduced sharply."
Gonzalo San Gil, PhD.

French Government Starts Blocking Websites With Views The Gov't Doesn't Like - 0 views

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    "from the liberte?-egalite? dept We had been noting, in the wake of the Charlie Hebdo attacks in France, how the country that then held a giant "free speech" rally appeared to be, instead, focusing on cracking down on free speech at every opportunity. And target number one: the internet."
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    "from the liberte?-egalite? dept We had been noting, in the wake of the Charlie Hebdo attacks in France, how the country that then held a giant "free speech" rally appeared to be, instead, focusing on cracking down on free speech at every opportunity. And target number one: the internet."
Paul Merrell

Facebook Says It Is Deleting Accounts at the Direction of the U.S. and Israeli Governments - 0 views

  • In September of last year, we noted that Facebook representatives were meeting with the Israeli government to determine which Facebook accounts of Palestinians should be deleted on the ground that they constituted “incitement.” The meetings — called for and presided over by one of the most extremist and authoritarian Israeli officials, pro-settlement Justice Minister Ayelet Shaked — came after Israel threatened Facebook that its failure to voluntarily comply with Israeli deletion orders would result in the enactment of laws requiring Facebook to do so, upon pain of being severely fined or even blocked in the country. The predictable results of those meetings are now clear and well-documented. Ever since, Facebook has been on a censorship rampage against Palestinian activists who protest the decades-long, illegal Israeli occupation, all directed and determined by Israeli officials. Indeed, Israeli officials have been publicly boasting about how obedient Facebook is when it comes to Israeli censorship orders
  • Facebook now seems to be explicitly admitting that it also intends to follow the censorship orders of the U.S. government.
  • What this means is obvious: that the U.S. government — meaning, at the moment, the Trump administration — has the unilateral and unchecked power to force the removal of anyone it wants from Facebook and Instagram by simply including them on a sanctions list. Does anyone think this is a good outcome? Does anyone trust the Trump administration — or any other government — to compel social media platforms to delete and block anyone it wants to be silenced? As the ACLU’s Jennifer Granick told the Times: It’s not a law that appears to be written or designed to deal with the special situations where it’s lawful or appropriate to repress speech. … This sanctions law is being used to suppress speech with little consideration of the free expression values and the special risks of blocking speech, as opposed to blocking commerce or funds as the sanctions was designed to do. That’s really problematic.
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  • As is always true of censorship, there is one, and only one, principle driving all of this: power. Facebook will submit to and obey the censorship demands of governments and officials who actually wield power over it, while ignoring those who do not. That’s why declared enemies of the U.S. and Israeli governments are vulnerable to censorship measures by Facebook, whereas U.S and Israeli officials (and their most tyrannical and repressive allies) are not
  • All of this illustrates that the same severe dangers from state censorship are raised at least as much by the pleas for Silicon Valley giants to more actively censor “bad speech.” Calls for state censorship may often be well-intentioned — a desire to protect marginalized groups from damaging “hate speech” — yet, predictably, they are far more often used against marginalized groups: to censor them rather than protect them. One need merely look at how hate speech laws are used in Europe, or on U.S. college campuses, to see that the censorship victims are often critics of European wars, or activists against Israeli occupation, or advocates for minority rights.
  • It’s hard to believe that anyone’s ideal view of the internet entails vesting power in the U.S. government, the Israeli government, and other world powers to decide who may be heard on it and who must be suppressed. But increasingly, in the name of pleading with internet companies to protect us, that’s exactly what is happening.
Gonzalo San Gil, PhD.

Tech giants, government struggle with online speech policies | ITworld - 0 views

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    " Officials with Google and State Department are struggling to craft a balanced policy that combats terrorist messages without unduly curbing Internet freedom. By Kenneth Corbin"
Gonzalo San Gil, PhD.

Free Software, Free Society - Download Here - 0 views

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    "Free Software, Free Society by Richard M. Stallman Publisher: Free Software Foundation 2002 ISBN/ASIN: 1882114981 ISBN-13: 9781882114986 Number of pages: 230 Description: The intersection of ethics, law, business and computer software is the subject of these essays and speeches by MacArthur Foundation Grant winner, Richard M. Stallman. This collection includes historical writings such as The GNU Manifesto, which defined and launched the activist Free Software Movement, along with new writings on hot topics in copyright, patent law, and the controversial issue of "trusted computing." Stallman takes a critical look at common abuses of copyright law and patents when applied to computer software programs, and how these abuses damage our entire society and remove our existing freedoms."
Gonzalo San Gil, PhD.

Where in the world is Richard Stallman? - Free Software Foundation - working together f... - 0 views

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    "President and founder of the Free Software Foundation Richard Stallman has an extensive travel schedule and frequently gives talks about free software all over the world. If you would like Richard Stallman (RMS) to speak at your event, please contact rms-assist@gnu.org. If you would like RMS to come to your school and speak, try asking professors in IT-related departments if they would like to bring him. They can contact rms-assist@gnu.org. You can find video and audio recordings of many of Dr. Stallman's speeches and lectures at audio-video.gnu.org."
Gonzalo San Gil, PhD.

GNU's Framework for Secure Peer-to-Peer Networking GNU's Framework for Secure Peer-to-P... - 0 views

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    "Philosophy The foremost goal of the GNUnet project is to become a widely used, reliable, open, non-discriminating, egalitarian, unfettered and censorship-resistant system of free information exchange. We value free speech above state secrets, law-enforcement or intellectual property. GNUnet is supposed to be an anarchistic network, where the only limitation for peers is that they must contribute enough back to the network such that their resource consumption does not have a significant impact on other users. GNUnet should be more than just another file-sharing network. The plan is to offer many other services and in particular to serve as a development platform for the next generation of decentralized Internet protocols."
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    "Philosophy The foremost goal of the GNUnet project is to become a widely used, reliable, open, non-discriminating, egalitarian, unfettered and censorship-resistant system of free information exchange. We value free speech above state secrets, law-enforcement or intellectual property. GNUnet is supposed to be an anarchistic network, where the only limitation for peers is that they must contribute enough back to the network such that their resource consumption does not have a significant impact on other users. GNUnet should be more than just another file-sharing network. The plan is to offer many other services and in particular to serve as a development platform for the next generation of decentralized Internet protocols."
Gonzalo San Gil, PhD.

Dangerous Ruling: EU Says Google Must Help People Disappear Stuff They Don't Like From ... - 0 views

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    "from the right-to-be-forgotten dept For years now we've explained why Europe's concept of a "right to be forgotten" is a terrible, dangerous and impossible idea. The basic idea is that if you were involved in something that you're not happy about later, you can demand that the incident be stricken from the record... everywhere. It's a clear attack on free speech -- allowing people to censor others from saying truthful and accurate things about someone. "
Gonzalo San Gil, PhD.

Technologies of Freedom? [MIT] - 1 views

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    "In the United States much of our freedom, as we understand it, is defined and protected by the Bill of Rights, and especially the First Amendment to the Constitution. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.""
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    "In the United States much of our freedom, as we understand it, is defined and protected by the Bill of Rights, and especially the First Amendment to the Constitution. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.""
Gonzalo San Gil, PhD.

Open Letter: Proposed Trade Secrets Directive Risks EU Health, Environment, Free Speech... - 0 views

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    "It participates to a movement reinforcing secrets, perceptible on the legislative and jurisprudential plan, against the claims of transparency coming from the civil society, and constitutes in this respect an unacceptable anti-democratic drift."
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    "It participates to a movement reinforcing secrets, perceptible on the legislative and jurisprudential plan, against the claims of transparency coming from the civil society, and constitutes in this respect an unacceptable anti-democratic drift."
Gonzalo San Gil, PhD.

In 2015, More Than Ever, Fighting For Our Freedoms Is Our Mission | La Quadrature du Net - 0 views

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    "Submitted on 28 Jan 2015 - 13:30 free speech Net filtering Privacy - Personal Data Surveillance press release Printer-friendly version Send by email Français Paris, 28 January 2015 - On the occasion of the European Data Privacy Day, the Observatoire des Libertés et du Numérique (Freedoms and Digital Observatory) recalls on its first year's work and reminds us that privacy is more crucial now than ever"
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    "Submitted on 28 Jan 2015 - 13:30 free speech Net filtering Privacy - Personal Data Surveillance press release Printer-friendly version Send by email Français Paris, 28 January 2015 - On the occasion of the European Data Privacy Day, the Observatoire des Libertés et du Numérique (Freedoms and Digital Observatory) recalls on its first year's work and reminds us that privacy is more crucial now than ever"
Paul Merrell

EPIC - EPIC Prevails in FOIA Case About "Internet Kill Switch" - 0 views

  • In a Freedom of Information Act case brought by EPIC against the Department of Homeland Security, a federal court has ruled that the DHS may not withhold the agency's plan to deactivate wireless communications networks in a crisis. EPIC had sought "Standard Operating Procedure 303," also known as the "internet Kill Switch," to determine whether the agency's plan could adversely impact free speech or public safety. EPIC filed the FOIA lawsuit in 2012 after the the technique was used by police in San Francisco to shut down cell service for protesters at a BART station, who had gathered peacefully to object to police practices. The federal court determined that the agency wrongly claimed that it could withhold SOP 303 as a "technique for law enforcement investigations or prosecutions." The phrase, the court explained, "refers only to acts by law enforcement after or during the prevention of a crime, not crime prevention techniques." The court repeatedly emphasized that FOIA exemptions are to be read narrowly. For more information, see EPIC: EPIC v. DHS (SOP 303) and EPIC: FOIA.
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    Talk about a prior restraint of speech! The link at the bottom of the quoted portion takes you to a page with the relevant court records.
Paul Merrell

YouTube To Censor "Controversial" Content, ADL On Board As Flagger - 0 views

  • Chief among the groups seeking to clamp down on independent media has been Google, the massive technology company with deep connections to the U.S. intelligence community, as well as to U.S. government and business elites.
  • Since 2015, Google has worked to become the Internet’s “Ministry of Truth,” first through its creation of the First Draft Coalition and more recently via major changes made to its search engine that curtail public access to new sites independent of the corporate media.
  • Google has now stepped up its war on free speech and the freedom of the press through its popular subsidiary, YouTube. On Tuesday, YouTube announced online that it is set to begin censoring content deemed “controversial,” even if that content does not break any laws or violate YouTube’s user agreement. Misleadingly dubbed as an effort “to fight terror content online,” the new program will flag content for review through a mix of machine algorithms and “human review,” guided by standards set up by “expert NGOs and institutions” that are part of YouTube’s “Trusted Flagger” program. YouTube stated that such organizations “bring expert knowledge of complex issues like hate speech, radicalization, and terrorism.” One of the leading institutions directing the course of the Trusted Flagger program is the Anti-Defamation League (ADL). The ADL was initially founded to “stop the defamation of the Jewish people and to secure justice and fair treatment to all” but has gained a reputation over the years for labeling any critic of Israel’s government as an “anti-Semite.” For instance, characterizing Israeli policies towards the Palestinians as “racist” or “apartheid-like” is considered “hate speech” by the ADL, as is accusing Israel of war crimes or attempted ethnic cleansing. The ADL has even described explicitly Jewish organizations who are critical of Israel’s government as being “anti-Semitic.”
Gonzalo San Gil, PhD.

Congress is voting this week on dangerous legislation to "Fast Track" secret trade agre... - 0 views

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    "Congress is voting this week on dangerous legislation to "Fast Track" secret trade agreements like the Trans-Pacific Partnership (TPP) and the Trade in Services Agreement (TISA) that threaten free speech, innovation, and online privacy. Decisions that impact the future of the Internet should NEVER be made in secret. Contact your Representatives before it's too late! "
Gonzalo San Gil, PhD.

Can you defame someone with a hyperlink? - 0 views

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    [.... "Gang of Crookes" Newton is the publisher of p2pnet, a site which has for years chronicled the online file-sharing world. Back in 2006, Newton wrote a piece about local Vancouver businessman Wayne Crookes, the owner of West Coast Title Search Ltd. Crookes had just sued a man named Mike Pilling for writing allegedly defamatory articles about Crookes and publishing them on the Internet (Crookes had previously fired Pilling from Canada's Green Party, in which Crookes volunteers). Pilling's articles relied on the obvious pun here, using titles like "Friends of Crookes" and "Gang of Crookes." In covering the free speech aspects of the case, Newton linked to the articles in question. Crookes demanded Newton remove those links, saying that Newton himself could be liable for defamation. Newton refused; Crookes sued. ....]
Gonzalo San Gil, PhD.

Copyright in Europe: Minimal Reform to Avoid Crucial Questions | La Quadrature du Net [... - 0 views

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    "Submitted on 9 Dec 2015 - 18:17 copyright creative contribution free speech Net filtering Andrus Ansip Günther Oettinger press release Printer-friendly version Français Paris, 9 December 2015 - Today, the European Commission has presented its proposal to reform copyright law in the European Union. This package includes a proposal for a regulation on portability of online services, as well as a communication to announcing future reforms to follow in 2016. The European Commission has thus confirmed that it does not wish to reopen the file on the InfoSoc directive 1, reflecting its reluctance and lack of ambition on this issue."
Paul Merrell

UK Government Approves Net Censorship - British Free Speech Dies | Zero Hedge - 0 views

  • The United Kingdom has become the first Western nation to move ahead with large-scale censorship of the internet, effectively creating regulation that will limit freedom on the last frontier of digital liberty. In a move that has the nation reeling, Prime Minister Boris Johnson has unveiled rules that will punish internet companies with fines, and even imprisonment, if they fail to protect users from “harmful and illegal content.”
  • Couched in language that suggests this is being done to protect children from pedophiles and vulnerable people from cyberbullying, the proposals will place a massive burden on small companies. Further, they will ultimately make it impossible for those not of the pervasive politically correct ideology to produce and share content.
Paul Merrell

The UN Releases Plan to Push for Worldwide Internet Censorship | Global Research - Cent... - 0 views

  • The United Nations has disgraced itself immeasurably over the past month or so. In case you missed the following stories, I suggest catching up now: The UN’s “Sustainable Development Agenda” is Basically a Giant Corporatist Fraud Not a Joke – Saudi Arabia Chosen to Head UN Human Rights Panel Fresh off the scene from those two epic embarrassments, the UN now wants to tell governments of the world how to censor the internet. I wish I was kidding. From the Washington Post: On Thursday, the organization’s Broadband Commission for Digital Development released a damning “world-wide wake-up call” on what it calls “cyber VAWG,” or violence against women and girls. The report concludes that online harassment is “a problem of pandemic proportion” — which, nbd, we’ve all heard before. But the United Nations then goes on to propose radical, proactive policy changes for both governments and social networks, effectively projecting a whole new vision for how the Internet could work. Under U.S. law — the law that, not coincidentally, governs most of the world’s largest online platforms — intermediaries such as Twitter and Facebook generally can’t be held responsible for what people do on them. But the United Nations proposes both that social networks proactively police every profile and post, and that government agencies only “license” those who agree to do so.
  • People are being harassed online, and the solution is to censor everything and license speech? Remarkable. How that would actually work, we don’t know; the report is light on concrete, actionable policy. But it repeatedly suggests both that social networks need to opt-in to stronger anti-harassment regimes and that governments need to enforce them proactively. At one point toward the end of the paper, the U.N. panel concludes that“political and governmental bodies need to use their licensing prerogative” to better protect human and women’s rights, only granting licenses to “those Telecoms and search engines” that “supervise content and its dissemination.” So we’re supposed to be lectured about human rights from an organization that named Saudi Arabia head of its human rights panel? Got it. Regardless of whether you think those are worthwhile ends, the implications are huge: It’s an attempt to transform the Web from a libertarian free-for-all to some kind of enforced social commons. This U.N. report gets us no closer, alas: all but its most modest proposals are unfeasible. We can educate people about gender violence or teach “digital citizenship” in schools, but persuading social networks to police everything their users post is next to impossible. And even if it weren’t, there are serious implications for innovation and speech: According to the Electronic Frontier Foundation, CDA 230 — the law that exempts online intermediaries from this kind of policing — is basically what allowed modern social networks (and blogs, and comments, and forums, etc.) to come into being. If we’re lucky, perhaps the Saudi religious police chief (yes, they have one) who went on a rampage against Twitter a couple of years ago, will be available to head up the project. What a joke.
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